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(영문) 서울동부지방법원 2014.10.16 2014고단2539

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:40 on July 21, 2014, the Defendant: (a) called the victim E (Nam and 49 years of age) at the D main station located in Gangdong-gu Seoul Metropolitan Government, and asked the location; (b) on the ground that the location of the victim was not well known, the Defendant left the victim’s head one time by the main station, which is a dangerous object on his/her customer, on the ground that he/she did not properly inform the location of the victim.

As a result, the defendant carried dangerous things and damaged the victim's saves that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines (determination of type), violent crimes. Special injury [Determination of the recommended field] basic area [Scope of the sentence of recommendation] two to four years;

2. Determination of sentence shall be made in the same manner as the order, taking into consideration all the circumstances shown in pleadings, such as the confessions of the defendant, the fact that the defendant is making a confession, the injury of the victim is not serious, the primary offender, the age, character and conduct, occupation, intelligence and environment of the defendant, the motive and background of the crime, the means and methods of the crime, the circumstances after the crime, etc.